Tuesday, July 04, 2017

An appeals court Monday struck down the Environmental Protection Agency's 90-day suspension of new emission standards on oil and gas wells, a decision that could set back the Trump administration's broad legal strategy for rolling back Obama-era rules.

In a 2-to-1 ruling, the U.S. Court of Appeals for the District of Columbia Circuit concluded that the EPA had the right to reconsider a 2016 rule limiting methane and smog-forming pollutants emitted by oil and gas wells but could not delay the effective date while it sought to rewrite the regulation.

The agency has proposed extending the initial delay to two years; the court will hold a hearing on that suspension separately.

"The court's ruling is yet another reminder, now in the context of environmental protection, that the federal judiciary remains a significant obstacle to the president's desire to order immediate change," Richard Lazarus, an environmental-law professor at Harvard Law School, said in an email.